Landlord's Eviction Warrant Request Not Defective

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court. Landlord asked the court to issue an eviction warrant. The court ruled against landlord, and landlord appealed. The appeals court ruled for landlord. Landlord submitted the notice of petition and petition with an affidavit of service, an affidavit of nonmilitary service, the written rent demand, and an affidavit as to the amount of back rent due. Landlord's failure to submit an affidavit of service for the rent demand with the other papers wasn't a valid basis for ruling against landlord, especially since tenant didn't answer landlord's petition. The case was sent back to the lower court for reconsideration of landlord's request for an eviction warrant.

Parkchester Apts. v. Rogers: NYLJ, p. 25, col. 1 (6/4/96) (App. T. 1 Dept.; Parness, JP, McCooe, Freedman, JJ)